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2012
This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John
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This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among different views and establish a fair procedure through which rival parties seek approval from the people. In order to study the procedural approach, it seeks support in John
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Access to Constitutional Justice
2020This chapter discusses the process by which judges are selected and recommends that judicial selection be placed in the hands of a judicial services commission on which would serve representatives of the legal profession, the bench and the public, and that the government would be restricted to choosing judges from candidates put forward by the ...
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Justice Windeyer and the Constitution
Federal Law Review, 1987The proper approach to constitutional interpretation, and the role of the High Court in that interpretation, have recently begun to be widely debated, not just in legal circles but also in the wider community. This debate has been stimulated in part by significant decisions like the Franklin Dam case, and proposals to give judges jurisdiction to ...
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Constitutional Justice in France
2020Abstract This chapter examines the concept of ‘constitutional justice’ (justice constitutionnelle) as it is understood within the French legal order. Afterward, the chapter examines the history of French constitutional justice from the Ancien Régime to the Fifth Republic.
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Comparative Constitutional Justice
2021Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies.
Silvia Bagni, Matteo Nicolini
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Constitutive Justice — A Paradox?
2015In this chapter, I consider a final objection to the project of developing criteria of constitutive justice, posed by the paradoxical character of the endeavor of, as I have called it, bringing justice to bear on its own foundations. Ultimately, it may be the case that the entire conception of constitutive justice founders because the problem it ...
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Miscarriages of Justice and the Constitution
Buffalo Criminal Law Review, 1999Accurate fact-finding surely counts as a primary purpose of criminal procedure. Conventional wisdom holds that our system is highly successful at preventing erroneous convictions, but far less successful at preventing erroneous acquittals or dismissals.
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2018
This chapter address the following topics: 1. Terminological Premise. – 2. Models of Constitutional Review. – 2.1. The Genesis of Judicial Review: Dr Bonham’s Case. – 2.2. The US Model of Constitutional Review. – 2.3. The Austrian Model of Constitutional Review. – 3. Structure, Composition and Appointment of Constitutional or Supreme Courts. – 4.
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This chapter address the following topics: 1. Terminological Premise. – 2. Models of Constitutional Review. – 2.1. The Genesis of Judicial Review: Dr Bonham’s Case. – 2.2. The US Model of Constitutional Review. – 2.3. The Austrian Model of Constitutional Review. – 3. Structure, Composition and Appointment of Constitutional or Supreme Courts. – 4.
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The Constitutional Promise of Justice
Justice is a founding ideal of the Indian republic. The Preamble to the Constitution envisages it as an overarching objective, born as a reaction to the socio-political discrimination of colonial rule when a police state operated without guaranteed liberties.Aman Alam, Hania Khan, Asna Ahmed
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